326. Whether a certificate is a condition precedent.

326.     Whether a certificate is a condition precedent.

All types of certificate may be expressly made a condition precedent to payment. Where a certificate is a condition precedent1, even though the works are complete the contractor cannot recover the contract price in the absence of a certificate2, unless the certifier is disqualified3, or the case is one in which the need for a certificate can be dispensed with4. Whether a certificate is a condition precedent to payment is a question of construction5. Where the architect or engineer exercises skill